THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 532 of 2014
Date of Institution : 7.10.2014
Date of Decision : 18.08.2015
Mrs.Manjit Kaur Kang aged about 53 years w/o Harstinder Singh Kang resident of 41 Hombeam Drive Lower Early, Reading RG6 3UT
Harstinder Singh Kang aged about 54 years s/o Sh.Gurtej Singh Kang resident of 41 Hombeam Drive Lower Early, Reading RG6 3UT . At present resident of House 114, Sector 21A,Chandigarh 160022, India
...Complainants
Vs.
Jet Airways (India) Limited through its Managing Director Corporate Office Siroya Centre, Sahar Airport Road, Andheri (East) Mumbai 400 099
Jet Airways (India) Limited through its Station Manager, Local Office, Shri Guru Ram Das Jee International Airport, Raja Sansi, Amritsar, Punjab
Benz Travel Limited through its Managing Director, 3rd Floor, 3 Prices Street, London WIB2LD,United Kingdon (Performa Opposite party)
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainants : Sh. Lakhbir Singh Bhullar,Advocate
For the opposite parties No.1 & 2 : Sh Ajay Sharma,Advocate
For opposite party No.3 : Ex-parte
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Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Manjit Kaur Kang and Harstinder Singh Kang under the provisions of the Consumer Protection Act alleging therein that they are the residents of United Kingdom and availed the services of the opposite parties from London to Amritsar , for attending a family wedding at Faridkot (Punjab). The complainants got E-tickets from the opposite party No.3 on 24.1.2013 on payment of a sum of Rs. GBP1046 for journey , the flight schedule is as under :-
Sr.No | Flight No. | Date | From | To | Arrival Time |
01 | 9W119 | 31.1.2013 | London | Mumbai | 12.30 A.M. |
02 | 9W305 | 01.02.2013 | Mumbai | Delhi | 07.50A.M. |
03 | 9W305 | 01.02.2013 | Delhi | Amritsar | 09.35A.M. |
04 | 9W305 | 17.03.2013 | Amritsar | Delhi | 11.10A.M. |
05 | 9W122 | 17.03.2013 | Delhi | London | 05.40P.M. |
The complainants boarded the first flight from London to Mumbai and reached Mumbai to time just after midnight as per the flight schedule of opposite parties
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No.1 & 2. Thereafter complainants boarded the next flight from Mumbai to Delhi and then to Amritsar the scheduled arrival time of which at Amritsar was 9.35 a.m on 1.2.2013, however, the flight after being airborne from Mumbai was diverted to Jaipur (Rajasthan) and finally landed at Delhi Airport at about 12.00 noon on 1.2.2013. After landing the said aircraft was to proceed further to Amritsar and was already delayed. So the complainants alongwith other passengers were deboarded from the said flight/aircraft and were deplaned at Delhi Airport without any explanation. Their checked in luggage was also transferred to the Conveyor Belts . But the complainants and other passengers were not informed as to what was happening nor any information or assistance was provided by opposite parties No.1 & 2. Complainants have alleged that opposite parties did not make any arrangements for the complainants as well as other passengers for boarding to Amritsar Punjab as the said flight was cancelled due to technical reasons.. But no technical reason was informed to the passengers . The complainants and the other passengers had to wait for 6-7 hours at Delhi Airport. Ultimately they were not informed that another flight was scheduled from Delhi to Amritsar at 20 hours that night 1.2.2013 and the opposite parties assured that they would make efforts to accommodate all the standard passengers thereon and during this period opposite parties No.1 & 2 failed to provide any succour or refreshment food or water or any other kind of facility at Delhi Airport on the night of 1.2.2013. After issuing
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boarding passes to the standard passengers including the complainants, they proceeded to board 20 hours flight from Delhi to Amritsar. But opposite parties No.1 & 2 even failed to keep their promise rather they informed the complainants and other standard passengers that seats on that flight were also full , as such they could not be accommodated and ultimately opposite parties No.1 & 2 informed the complainants that they would accommodate the complainants on another flight scheduled on the morning of 2.2.2013. The complainants were already tired and exhausted having been deplaned at about noon of 1.2.2013, sought information with regard to the provisions of hotel room for the night stay at Delhi for the intervening night of 1.2.2013 and 2.2.2013, but the staff of opposite parties No.1 & 2 informed that no such sources/facility would be made available and they were asked to make their own arrangements or stay till the morning of 2.2.2013. The complainants then decided to travel by road from Delhi Airport to their final destination i.e. directly to Faridkot Punjab and after arduous journey of 12 hours by road, the complainants finally reached their destination on the morning of 2.2.2013, whereas they were supposed to reach on 1.2.2013 by noon. Complainants have alleged they were harassed due to the following reasons:-
The complainants flight was diverted to Jaipur, Rajasthan instead of landing at Delhi Airport while coming from Mumbai on 1.2.2013;
The complainants were made to wait for hours at Jaipur Airport without any
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facilities being offered by opposite parties No.1 & 2 ;
The complainants were deplaned at Delhi Airport ;
Complainants were not provided any transit passenger facilities during their stay at Jaipur and Delhi Airports ;
Complainants were not provided with any hotel accommodation for spending night on 1.2.2013 at Delhi nor the opposite parties No.1 & 2 provided any meals/refreshment during their entire stay at Delhi Airport;
Opposite parties also failed to refund the fare for the flight segment Delhi to Amritsar on 1.2.2013;
Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to refund a sum of Rs. 1,00,000/- equivalent to the fare in GBP to the complainants for Delhi Amritsar flight No. 9W305. Compensation for the deboarding of the complainants to the tune of Euro 600/- per passenger is also demanded. Compensation for the harassment, mental agony to the tune of Rs. 3,00,000/- is also demanded alongwith litigation expenses Rs. 22000/-.
2. On notice, opposite parties No.1 & 2 appeared and filed written version in which it was submitted that flight operating from Mumbai to Delhi was diverted to Jaipur on account of bad weather i.e. dense fog prevailing at New Delhi Airport and this act of nature was beyond the control of the opposite parties. Rules under Civil
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Aviation Requirements Series 'M', part IV section 3dated 6.8.2010 deal with bad weather conditions . So in the interest of all passengers the said flight was diverted to Jaipur and thereafter reached New Delhi on the same day in the noon hours. It was submitted that complainants have booked their tickets through their travel agent in London, so they ought to have approached their travel agent for refund, if any. It was submitted that due to bad weather conditions the onward journey in the northern parts of the country were badly hit and the opposite party was not in a position to take off all the flights on schedule . Accordingly very few flights could be managed for the onward journey to Amritsar, as a result of which few passengers were deboarded at New Delhi to be accommodated on the next flight. The said standard passengers were sought to be accommodated in the evening flight that was to depart to Amritsar. However, the said flight was already full in its capacity , so the complainants could not be accommodated for the evening flight that was to depart for Amritsar. It was denied that refreshment were not provided to the passengers on the said flight. Rather the passengers were sent to arrival hall and were provided with meals and refreshments. The complainants were given an option to either contact their travel agent for refund of their tickets amount or to take the next day's flight to Amritsar. But the complainants did not opt for taking the next day's flight, as such there was no question of providing hotel accommodation to them. While denying and controverting other allegations,
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dismissal of complaint was prayed.
3. Complainant tendered into evidence affidavit of Harstinder Singh Kang Ex. CW-A, copy of PNR e-ticket Ex.CW1, copy of general terms and conditions Ex.CW2, copy of passport of Manjit Kaur Ex.CW3, copy of passport of Harstinder Singh Ex.CW4.
4. Opposite parties No.1 & 2 tendered affidavit of Sh.Sachin Deepak Bhatia Ex.OP1,2/1, copy of letter of authorization Ex.OP1,2/2, letter of authority Ex.OP1,2/3, civil Aviation requirement Ex.OP1,2/4, copy of terms and conditions of company Ex.OP1,2/5.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties , it is clear that complainant got E-tickets Ex.CW1 from the opposite party dated 24.1.2013 for journey from London to Amritsar via Mumbai-Delhi and return journey from Amritsar to London via Delhi. The general terms and conditions of the jet Airways are Ex.CW2. Opposite party No.3 agent of opposite parties No.1 & 2 received a sum of GBP1046 for the entire return journey from London to Amritsar and Amritsar to London. The complainants had to attend
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family wedding at Faridkot in Punjab which was scheduled for 1.2.2013. The arrival time of the flight 9W119 of Jet Airways from London to Mumbai was 12.30 a.m on 31.1.2013 and from Mumbai to Delhi the arrival time of flight No. 9W305 of Jet Airways was 7.50 a.m on 1.2.2013 at Delhi whereas arrival time of flight No. 9W305 from Delhi to Amritsar was 9.35 a.m on 1.2.2013. On this assurance, complainants have purchased these tickets . The complainants boarded the first flight No. 9W119 from London to Mumbai on 31.1.2013 as per schedule and the same reached Mumbai in time just after midnight as per the flight schedule of opposite parties No.1 & 2. Thereafter complainants boarded the next flight No. 9W305 from Mumbai to Delhi and then to Amritsar the scheduled arrival time of which at Amritsar was 9.35 a.m on 1.2.2013. However, the flight after being airborne from Mumbai was diverted to Jaipur (Rajasthan) and finally landed at Delhi Airport at about 12.00 noon on 1.2.2013, whereas its arrival time at Delhi was 7.50 a.m. The said aircraft was to proceed further to Amritsar and was already delayed. So the complainants alongwith other passengers were deboarded from the said flight/aircraft and were deplaned at Delhi Airport without any explanation. Their checked in luggage was also transferred to the Conveyor Belts . But the complainants and other passengers were not informed as to what was happening nor any information or assistance was provided by opposite parties No.1 & 2/Airlines. Similarly there were heated arguments between passengers and opposite
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parties No.1 & 2 authorities. Opposite parties did not make any arrangements for the complainants as well as other passengers for boarding to Amritsar (Punjab) as the aforesaid flight No. 9W305 was cancelled due to technical reasons.. But no technical reason was informed to the passengers . The complainants and the other passengers had to wait for 6-7 hours at Delhi Airport. Ultimately they were informed that another flight was scheduled from Delhi to Amritsar at 20.00 hours that night 1.2.2013 and the opposite parties assured that they would make efforts to accommodate all the standard passengers thereon and during this period opposite parties No.1 & 2 failed to provide any succour or refreshment, food or water or any other kind of facility at Delhi Airport on the horrible night of 1.2.2013. After issuing boarding passes to the standard passengers including the complainants, they proceeded to board 20.00 hours flight from Delhi to Amritsar. But opposite parties No.1 & 2 even failed to keep their promise rather they informed the complainants and other standard passengers that seats on that flight were already full , as such they could not be accommodated and ultimately opposite parties No.1 & 2 informed the complainants that they would accommodate the complainants on another flight scheduled on the morning of 2.2.2013. The complainants were already tired and exhausted, sought information with regard to the provisions of hotel room for the night stay at Delhi for the intervening night of 1.2.2013 and 2.2.2013, but the staff of opposite parties No.1 & 2 informed that no such
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sources/facility would be made available and they were asked to make their own arrangements of stay till the morning of 2.2.2013. The complainants alleges that the conduct of the officials of opposite parties No.1 & 2 was very cruel towards the passengers including the complainants, so the complainants decided to travel by road from Delhi Airport to their final destination i.e. directly to Faridkot (Punjab) and after arduous journey of 12 hours by road, the complainants finally reached their destination on the morning of 2.2.2013, whereas the complainants were supposed to reach on 1.2.2013 in the morning. So all the wedding ceremonies had already been completed . Ld.counsel for the complainants submitted that opposite parties have committed deficiency of service on the following counts:-
(i) They have diverted the flight to Jaipur (Rajasthan) instead of directly landing at Delhi ;
(ii) The complainants were made to wait for hours at Jaipur Airport without any facilities being offered by opposite parties No.1 & 2.
(iii) The complainants were deplaned at Delhi Airport
(iv) Complainants were not provided any transit passenger facilities during their stay at Jaipur and Delhi Airports.
(v) Complainants were not provided with any hotel accommodation for spending night on 1.2.2013 at Delhi nor the opposite parties No.1 & 2 provided any meals/refreshment during their entire stay at Delhi
Airport.
(vi) Opposite parties also failed to refund the fare for the flight segment Delhi to Amritsar on 1.2.2013.
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Ld.counsel for the complainants submitted that all this amounts to deficiency of service on the part of the opposite parties qua the complainants.
7. Whereas case of opposite parties No.1 & 2 is that it is the duty of the opposite parties No.1 & 2 to maintain safety of the aircraft and passengers. The said flight No. 9W305 operating from Mumbai to Delhi was diverted to Jaipur on account of bad weather i.e. dense fog prevailing at New Delhi Airport and this act of nature was beyond the control of the opposite parties. Rules under Civil Aviation Requirements Series 'M', part IV section 3dated 6.8.2010 deal with bad weather conditions . So in the interest of all passengers the said flight was diverted to Jaipur. The said flight reached New Delhi on the same day in the noon hours . Due to bad weather conditions the onward journey in the northern parts of the country were badly hit and the opposite party was not in a position to take off all the flights on schedule . Accordingly very few flights could be managed for the onward journey to Amritsar. The passengers were deboarded at New Delhi to be accommodated on the next flight. The said standard passengers were sought to be accommodated in the evening flight that was to depart to Amritsar. However, the said flight was already full in its capacity , so the complainants could not be accommodated for the
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evening flight of 20 hours from Delhi to Amritsar. The passengers were sent to arrival hall and were provided with meals and refreshments. The complainants were given an option to either contact their travel agent for refund of their tickets amount or to take the next day's flight to Amritsar. However, the complainants chose not to travel on the next day flight No. 9W305 to Amritsar ,rather they preferred to travel by road on their own . Ld.counsel for the opposite parties submitted that under these circumstances, there is no deficiency of service on the part of the opposite parties qua the complainants.
8. From the entire above discussion, we have come to the conclusion that complainants got E-tickets Ex.CW1 from the opposite parties No. 1 & 2 through opposite party No.3 on 24.1.2013 for journey from London to Amritsar via Mumbai-Delhi and return journey from Amritsar to London via Delhi on payment of a sum of GBP1046 to opposite party No.3, agent of opposite parties No.1 & 2. The complainants had to attend family wedding at Faridkot in Punjab which was scheduled for 1.2.2013. The complainant boarded first flight No. 9W119 from London to Mumbai on 31.1.2013 as per schedule and the same reached Mumbai Airport in time just after midnight as per the flight schedule . Thereafter complainants boarded the next flight of opposite parties No.1 & 2 bearing No. 9W305 from Mumbai to Delhi, the arrival time of which at Delhi was 7.50 a.m on 1.2.2013. However, this flight after being airborne from Mumbai was diverted to
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Jaipur (Rajasthan) by opposite parties No.1 & 2 and finally landed at Delhi Airport at about 12.00 noon on 1.2.2013, whereas its arrival time at Delhi was 7.50 a.m. The said aircraft was to proceed further to Amritsar. The complainants alongwith other passengers were deboarded from the said flight/aircraft i.e. deplaned at Delhi Airport as the said flight from Delhi to Amritsar was cancelled. Their checked in luggage was also transferred to the Conveyor Belts . The complainants alongwith other stranded passengers were not adjusted in any other flight from Delhi to Amritsar. They had to wait for 6-7 hours at Delhi Airport and ultimately they were informed that another flight was scheduled from Delhi to Amritsar at 20 hours that night 1.2.2013. But even the complainants were not accommodated in that flight as opposite parties No.1 & 2 informed to the complainants that seats on that flight were already full. The complainants and other stranded passengers were ultimately informed by the officials of opposite parties No.1 & 2 that they may be accommodated on another flight scheduled on the morning of 2.2.2013. When the complainant sought information with regard to their arrangements of night stay i.e. hotel room for the night stay at Delhi for the intervening night of 1.2.2013 and 2.2.2013, the staff of opposite parties No.1 & 2 informed that no such facility would be made available and they told to the complainants that complainants would have to make their own arrangement of stay till the morning of 2.2.2013. The complainants have further deposed in their affidavits that they were not given
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proper meal, snacks or other facilities at Delhi Airport, rather the treatment of the officials of opposite parties No.1 & 2 towards the complainants was very cruel. Opposite parties did not make any arrangements for the journey of the complainants from Delhi to Amritsar and they had to travel by road of their own from Delhi Airport to their final destination i.e. directly to Faridkot (Punjab) and after arduous journey of 12 hours by road, the complainants ultimately reached their destination i.e. Faridkot (Pb.) on the morning of 2.2.2013 when all the wedding ceremonies had already been completed and the complainants could not participate in those ceremonies.
9. Opposite parties have submitted that flight No. 9W305 from Mumbai to Delhi was diverted to Jaipur on account of bad weather i.e.dense fog prevailing at New Delhi Airport and this act of nature was beyond the control of opposite parties. No doubt the opposite parties could not produce any cogent evidence that there was dense fog prevailing at New Delhi Airport, but in the period of January end and February beginning , there is possibility of dense fog as a result of which flights are scheduled to be either diverted or cancelled as this is an act of nature and was beyond the control of human beings . So the opposite parties i.e. Jet Airways Pvt.Ltd (hereinafter to be called Jet Airways) was to that extent justified in diverting the flight to Jaipur and ultimately the said flight reached at Delhi Airport on 1.2.2013 at about 12.00 noon and the said flight No. 9W305 which was
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scheduled from Delhi to Amritsar was cancelled and the complainants were deboarded from the said flight/Aircraft. Even their 'checked in' luggage was also transferred to the Conveyor Belts at Delhi Airport. The passengers were not given proper treatment by the opposite parties No.1 & 2 nor the opposite parties i.e. Jet Airways had made any arrangements for the complainants for their journey from Delhi to Amritsar and they had to wait for 6-7 hours at Delhi Airport without any proper accommodation. Ultimately the complainants were informed that another flight was scheduled from Delhi to Amritsar at 20.00 hours that night 1.2.2013 and the opposite parties assured that they would make efforts to accommodate the complainants thereon. But the opposite parties No.1 & 2 have also failed to accommodate the complainants in that flight on the ground that the seats on that flight were already full. Even thereafter the opposite parties did not make any arrangements for the journey of the complainants from Delhi to Amritsar rather they told the complainants that they would be accommodated on another flight scheduled on the morning of 2.2.2013. When the complainants asked the officials of opposite parties No.1 & 2 about arrangements of their stay till the morning of 2.2.2013, the officials of opposite parties No.1 & 2 flatly stated that no such facility would be made available and the complainants had to make their own arrangements of stay till the morning of 2.2.2013. All this shows that the officials of opposite parties No.1 & 2 treated the complainants in very harsh manner. Opposite parties
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i.e. Jet Airways were bound to make proper arrangements for the complainants and other stranded passengers for their night stay at Delhi till the morning of 2.2.2013 particularly when the complainants had already undergone long journey on the flight of the opposite parties from London to Mumbai and then to Delhi. Even thereafter when the officials of opposite parties No.1 & 2 refused to make arrangements of stay of the complainants till the morning of 2.2.2013, they also refused to make arrangements for alternative journey of the complainants from Delhi to Amritsar and the complainants had to make their own arrangements by road for journey from Delhi direct to their destination i.e. Faridkot (Punjab) where they have to attend the marriage and after 12 hours arduous road journey, they reached their destination Faridkot on the morning of 2.2.2013 when all the wedding ceremonies have already completed and the complainants have been deprived of their auspicious occasion to attend family wedding ceremonies and their entire purpose of journey was defeated and all this has happened due to deficiency of service on the part of opposite parties No.1 & 2. The complainants had to arrange taxi at odd hours i.e. on the night of 1.2.2013 for which they had to spend atleast Rs. 10000/- for their journey from Delhi to Faridkot (Punjab). So the complainants are entitled to reimbursement of this amount of Rs. 10000/- as taxi fare from the opposite parties No.1 & 2. Not only this the complainants have suffered a lot particularly when they had already been exhausted by a long journey from London
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to Mumbai and then to Delhi via Jaipur and they had to suffer a lot at Delhi Airport for more than 8-9 hours and the opposite parties also did not make proper arrangements for the stay of the complainants at Delhi Airport as well as for their night stay till the morning of 2.2.2013. So the complainants had to suffer a lot due to harassment, mental agony, inconvenience etc., as such complainants are entitled to compensation.
10. Keeping in view all the sufferings undergone by the complainants we are of the opinion that the opposite parties i.e. Jet Airways are liable to pay compensation to the complainants.
11. Resultantly the complaint is allowed with costs and opposite parties No.1 & 2 are directed to reimbursement the amount of Rs. 10000/- i.e. Taxi fare to the complainants. Opposite parties No.1 & 2 are also directed to pay compensation of Rs. 25,000/- and litigation expenses Rs. 2000/- to the complainants. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
12. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
18.8.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member